Rato, Ling, Lei & Cortés Advogados

Macau

Rato, Ling, Lei & Cortés – Advogados (Lektou) is a Macau based law firm founded in the 80s of the XX century.Lektou’s more than 25-year history in private and public law in Macau uniquely qualifies it to provide a full scope of legal services and to work cooperatively and in coordination with clients and other professional advisers.

Updates

Intellectual Property

Patent rights in Macau
Macau | April 20 2015

The legal IP regime in Macau is governed by the Industrial Property Act. IP rights entitle rights holders full and exclusive enjoyment, use and disposal of their inventions, creations and distinctive signs within the limits, conditions and restrictions established by law. Macau's patent registration system is territorial; thus, in order to obtain patent protection in Macau, an applicant must submit the application locally.

Offshore Services

Legislation on medical error
Macau | February 23 2017

After its initial introduction to the Macau Legislative Assembly in 2013, the Regime Jurídico do Erro Médico (RJEM) will soon enter into force. The driving forces behind the RJEM's enactment include a lack of knowledge about the occurrence of medical error and the consistency of the liability rules and competent courts. The RJEM is a sensible reaction to the problems and injustice caused by medical error and how it is handled. Hopefully its effectiveness can be proven with experience.

Policy plans for 2017
Macau | December 15 2016

The chief executive of the Macau Special Administrative Region recently delivered the policy address for the 2017 fiscal year. He stated that Macau's economy is developing healthily, public finances are stable and public accounts are continuing to register a surplus. Plans include improvements to social welfare, further investment in the 'one belt, one road' initiative and the establishment of a renminbi settlement platform for trade between China and Portuguese-speaking countries.

Online gaming in and from Macau
Macau | September 22 2016

Players in Macau are free to access overseas gaming websites on a passive basis; however, betting companies are subject to no regulation and therefore cannot operate within the Macau jurisdiction. While there are no specific penalties concerning remote gambling, there is a risk that the government will consider remote gambling to be an illegal activity in light of new laws.

Guidelines on preventing money laundering and terrorist financing
Macau | July 07 2016

The government has revamped its regulatory measures regarding the prevention of money laundering and the financing of terrorism. This regulatory trend originated from the mandate of Administrative Regulation 7/2006. The government is sending a clear signal that Macau has renewed its commitment to the prevention of money laundering and the financing of terrorism in line with the Asia Pacific Group on Money Laundering, which will issue a report later in 2016.

Freezing assets
Macau | May 05 2016

The 2007 Mutual Evaluation Report on Macao, China highlighted the absence of asset-freezing mechanisms in the Macau legal system, which were required for compliance with Macau's obligations under resolutions adopted by the UN Security Council in the context of fighting terrorism. The government has now presented a draft law on a legal regime for the freezing of assets to the Legislative Assembly.

Government policy in light of Macau's demographic and economic challenges
Macau | January 28 2016

The recent rapid growth of Macau's economy, largely based on the gaming industry, has resulted in the highest income per capita in the world. However, the same economic developments have put enormous pressure on the human and social fabric of Macau. The consequences of these economic and social changes have been tentatively remedied by measures announced by Macau's secretary for security.

Land Law – problems ahead
Macau | October 29 2015

The new Land Law recently entered into force, revoking and replacing the previous Law 6/80/M. Under the new law, the concession of land is given on a provisional basis and becomes permanent with the use of the land. It is expressly stated that provisional concessions cannot be renewed, except when the land concession is attached to a definitive land concession and both lands are utilised together.

Instructions on recognising illegal ads for games of fortune and chance
Macau | September 03 2015

The Macau Economic Department recently issued a set of instructions regarding what should be considered illegal in ads for games of fortune and chance. It remains to be seen whether the instructions will form the basis of a new law or a revision of the existing law. For now, gaming operators may disregard the instructions and continue to develop ads pertaining to their activities.

The evolving rental housing regime
Macau | July 16 2015

Macau's rental housing market has always been the subject of lively discussion. Residents are critical of the legal system, which they deem unfair. However, problems do not always arise from the law, but often from market dynamics. A new draft law is nonetheless expected to be presented to the Legislative Assembly in the hope that it will meet tenants' expectations.

Patent rights in Macau
Macau | April 16 2015

The legal IP regime in Macau is governed by the Industrial Property Act. IP rights give rights holders full and exclusive enjoyment, use and disposal of their inventions, creations and distinctive signs within the limits, conditions and restrictions established by law. Macau's patent registration system is territorial; thus, in order to obtain patent protection in Macau, an applicant must submit the application locally.

Registration of investment funds in Macau
Macau | January 15 2015

Investment funds are an important means of furthering economic development by attracting savings and reducing the risk inherent in any investment across a variety of assets held in portfolios. Decree-Law 83/99/M regulates the constitution and operation of investment funds and investment fund management companies. Fund creation is conditional to prior authorisation from the Monetary Authority.

Sovereign wealth fund option to diversify Macau economy
Macau | October 09 2014

In order to protect Macau's economy from a deceleration that may arise due to its dependence on gaming revenues and increased social spending due to an ageing population, the IMF has proposed setting up a sovereign wealth fund. The allocation of a percentage of public moneys to a sovereign wealth fund, even though it would involve higher risks, might also help to improve economic stability.

Personal data protection
Macau | June 12 2014

Processing personal data in Macau should be conducted in accordance with the Personal Data Protection Act. The law's purpose is to ensure that the processing of personal data is carried out transparently and with strict respect for an individual's privacy. The law also applies to video surveillance, provided that the controller is domiciled or based in Macau.

Non-resident work permits in Macau Special Administrative Region
Macau | March 13 2014

Due to speedy growth in the gaming and hospitality industries, the Macau Special Administrative Region is reliant on foreign workers. To hire a skilled worker, an employer must prove that the worker has special skills for a specific position and that it is impossible to hire locally. For positions that require no skills or experience, employers should request prior approval from the Human Resources Bureau.

Arbitration in the Macau Special Administrative Region
Macau | December 19 2013

Legislation on arbitration has been in force in the Macau Special Administrative Region since before the handover to China. According to the legal regime of internal arbitration, arbitration may be employed in any dispute that does not respect inalienable rights, provided that the dispute is not submitted by special law to a judicial court or necessary arbitration.

New Urban Planning Law
Macau | October 03 2013

A new Urban Planning Law has been enacted which deals with the objectives and hierarchy of urban plans, but with the prevalence of a master plan to establish strategic guidelines for the entire Macau Special Administrative Region. The law binds public and private entities to urban plans and determines the responsibility of the Land, Public Works and Transport Bureau for technical assessment of urban planning.

Competence of last instance court when judging at first instance
Macau | July 25 2013

Two recent criminal cases have seen Macau's highest court called to intervene as if it were a first instance court, and publicly voice its desire to change its existing competence. The Law of the Judicial Organisation states that the Macau Special Administrative Region enjoys independent judicial power, including that of final decision. The last instance court has suggested that a review of the basic law should take place.

New legal regime on promissory transmissions of buildings under construction
Macau | May 16 2013

The purchase and sale of units in buildings under construction is common practice in Macau's real estate market. However, the legal regime for real estate transactions in Macau does not cover buildings under construction. New legislation has therefore been proposed in order to enhance the transparency of transactions, streamline the performance of the market and safeguard the interests of the parties concerned.

Does the sale of financial products in Macau need more regulation?
Macau | March 14 2013

Financial activity in Macau is regulated by the Financial System Act. Activity as a financial intermediary requires prior authorisation and must be subject to advice from the Monetary Authority of Macau. All authorised and licensed institutions are bound to a special registration with the monetary authority prior to the commencement of their activities and are subject to its supervision.

Revised special stamp duty as a remedy for real estate speculation
Macau | January 10 2013

Speculation in the housing market has boomed due to Macau's economic development. The government sought to contain this by imposing a special stamp duty on property or property rights transactions; however, it soon became clear that the scope of such duty was too limited. Therefore, a new law seeks to expand the special stamp duty to other forms of property, as well as imposing a new tax on housing transactions.

Draft law to implement Chicago Convention rules
Macau | September 27 2012

A new draft law lays down the principles governing the investigation of air accidents and incidents and the processing and protection of air safety information. If passed, it is expected to reduce an already low accident rate, despite the projected increase in Macau's air traffic in the coming years.

New supplement amends financial cooperation provisions of CEPA
Macau | August 02 2012

The Mainland/Macau Closer Economic Partnership Arrangement (CEPA) aims to promote preferential access to the Chinese market for qualifying products, companies and residents of Macau. Supplement IX to the CEPA, which was signed recently, revises previous measures regarding the trade and investment facilitation sector in order to strengthen this area.

Amendments to Commercial Registry Code: a brief analysis
Macau | May 24 2012

The Macau Special Administrative Region has seen economic growth accelerate in recent years, mainly due to the liberalisation of the gaming industry, a mainstay of the local economy. This, together with the fact that the public administration must keep pace with the latest technological advances, led to a demand for the amendment of the Commercial Registry Code.

Using electronic means in corporate governance
Macau | March 08 2012

Nine years after the entry into force of the Macau Commercial Code, the government decided to review and improve it in regard to new business needs arising from the economic development of the Macau Special Administrative Region. Among other things, the amendments promote the use of modern information technology by companies in communications with shareholders and document storage.

Bank Deposit Guarantee Scheme to become permanent
Macau | January 19 2012

In 2008 a temporary Bank Deposit Guarantee Scheme was implemented which assured the reimbursement of deposits held in all banks authorised to operate in Macau, with the exception of those considered 'offshore'. Although there was no real need to resort to the scheme, the measure was deemed a success. A draft law to establish a permanent scheme has now been presented to the Legislative Assembly.

Government proposes law on real estate activity
Macau | September 01 2011

In order to address the problems arising from the large number of people working in the real estate sector who lack the necessary competence, the government recently requested that a comparative study of the legislation which governs the sector in other countries and regions (eg, Hong Kong, Taiwan and Portugal) be carried out with a view to developing a draft law to be submitted for public consultation.

New special stamp duty intends to reduce real estate speculation
Macau | July 07 2011

The recent economic growth in Macau has led to a sharp rise in housing and office property prices. To counter the speculation in the housing market and to ensure the healthy and sustainable development of the property market, the Legislative Council has passed a bill to stabilise the housing market by introducing a special stamp duty on property and property rights transaction within two years of the transaction.

Court of Final Appeal clarifies conflicting rulings
Macau | June 16 2011

The Court of Final Appeal has clarified conflicting interpretations of the law which had been endorsed by two separate Court of Appeal judgments. The case in question related to a civil claim for damages to be deducted in a criminal proceeding. The court had to define, in a tort law situation arising from a wrongful act, the date from which the obligation becomes liquid, and hence, the date from which the debtor is in default.

Real Estate

The evolving rental housing regime
Macau | July 17 2015

Macau's rental housing market has always been the subject of lively discussion. Residents are critical of the legal system, which they deem unfair. However, problems do not always arise from the law, but often from market dynamics. A new draft law is nonetheless expected to be presented to the Legislative Assembly in the hope that it will meet tenants' expectations.